In late March, a man from Lancaster County was arrested for the rape and sexual assault of a girl in Berks County. Allegedly, the different offenses occurred in Reading, Pennsylvania and happened for a period of 12 years between 1997 and 2009. The story brings up a question that is very common in Pennsylvania. What is the difference between rape and sexual assault in the state?
Sexual Assault in Pennsylvania
Sexual assault in Pennsylvania is defined as having sexual intercourse or deviate sexual intercourse when the victim did not consent to the act. Other types of sexual assault can include unwelcome touching or fondling of a body part, such as the genitals, or the unwelcome penetration of the anus or genitals of a person with a foreign object.
There are different types of sexual assault in Pennsylvania. Statutory sexual assault is one type of this offense. Statutory sexual assault occurs when a person has intercourse with another person that is younger than 16 when the offender is more than four years older than the victim. When the child is 11 years old or younger, statutory sexual assault is upgraded to a first-degree felony.
Institutional sexual assault is another type of sexual assault. This type of assault occurs when someone forces residents in a long-term care facility to have sexual contact, or when workers in a correctional facility force detainees into sexual contact.
Rape in Pennsylvania
Rape in Pennsylvania is defined as unwelcome penetration that uses physical force or forced sodomy. There are many specific elements of rape in the state. The first is that if the victim feels as though they are in danger of being raped and cannot successfully resist using physical force, the act could be considered rape.
In addition, a person could be charged with rape if the victim was unconscious or could not provide consent, such as if someone was intoxicated and could not provide explicit consent. If an offender supplied the victim with something that could impair them and prevent them from giving consent, such as a drug, that person can also be charged with rape. Lastly, when the victim could not provide consent because they were mentally incapacitated, the offender could also face charges of rape.
The charges of rape and sexual assault in Pennsylvania are very similar, but they do have differences. One similarity that they do share is that anyone convicted of either offense will face some of the most serious penalties in the state.
Our Pennsylvania Criminal Defense Lawyers can Help with Your Case
Rape and sexual assault are two of the most serious offenses a person could be charged with in Pennsylvania. When you are facing either of these charges, or have been accused of any other sexual offense, call our Allentown criminal defense lawyers at van der Veen, Hartshorn, Levin & Lindheim today. We know the valid defenses available in these cases, and we will use them to give you the best chance of a positive outcome. Call us today at (215) 486-0123 or contact us online to arrange a confidential consultation with one of our skilled attorneys.
Resource:
wfmz.com/news/area/berks/man-charged-in-rape-sexual-assault-of-girl-in-berks/article_8b6d9066-6acd-11ea-9381-3fb3eebeaff0.html
https://www.mtvlaw.com/pranksters-may-face-criminal-charges-for-threatening-to-spread-coronavirus/